H*2161 Session 107 (1987-1988)
H*2161(Rat #0460, Act #0422 of 1988) General Bill, By T.W. Edwards and
D.E. Martin
Similar(S 242)
A Bill to amend Section 7-5-10, Code of Laws of South Carolina, 1976, relating
to the appointment by the Governor of the Board of Registration in each
county, so as to require the Governor to notify the State Election Commission
in writing of the appointments; Section 7-13-35, relating to the requirement
that the Election Commission in each county publish notices of elections held
in the county, so as to change the reference from Election Commission to
authority charged by law with conducting an election and include references to
primary and municipal elections, and require notification of the date, time,
and location of the hearing on challenged ballots, list of precincts involved
in the election, and the location of polling places in each of the precincts,
and delete language exempting the provisions of this Section from extending to
any special election held to fill a vacancy created by death, resignation, or
removal from office; Section 7-13-70, relating to the appointment of
Commissioners of Election in each county, so as to require the Governor to
notify the State Election Commission in writing of the appointments, to
require the appointment of managers of election only for the general election
held on the first Tuesday following the first Monday in November in each
even-numbered year, and to add a provision requiring the authority charged by
law with conducting the primaries, special, or municipal elections, to appoint
three managers of election for the first five hundred electors registered to
vote in each precinct; Section 7-13-90, relating to the meeting of the county
committee, so as to delete language appointing a clerk for each voting place,
and managers for any polling place in which five hundred or more registered
electors are entitled to vote; Section 7-15-110, relating to persons qualified
to vote by absentee ballot, so as to change a reference in the qualification
to vote of allowing a citizen of the United States residing outside the United
States from the Federal Overseas Citizens Voting Rights Act of 1975 (Public
Law 94-203) to the Uniformed and Overseas Absentee Voting Act (Public Law
9-410); and Section 7-15-330, relating to the time of submitting applications
for absentee ballots, so as to authorize that a request for an application to
vote by absentee ballot may be made any time during the calendar year in which
the election in which the qualified electors desire to vote by absentee ballot
is being held rather than sixty days prior to the election in which the
qualified electors desire to vote by absentee ballot.-amended title
01/13/87 House Introduced and read first time HJ-75
01/13/87 House Referred to Committee on Judiciary HJ-75
02/11/87 House Committee report: Favorable Judiciary HJ-478
02/17/87 House Debate adjourned HJ-562
02/18/87 House Read second time HJ-602
02/19/87 House Read third time and sent to Senate HJ-639
02/19/87 Senate Introduced and read first time SJ-603
02/19/87 Senate Referred to Committee on Judiciary SJ-603
03/18/87 Senate Committee report: Majority favorable, minority
unfavorable Judiciary SJ-966
04/02/87 Senate Read second time SJ-1152
04/02/87 Senate Ordered to third reading with notice of
amendments SJ-1152
03/09/88 Senate Amended SJ-1328
03/09/88 Senate Read third time
03/09/88 Senate Returned SJ-28
03/17/88 House Concurred in Senate amendment and enrolled HJ-2174
03/22/88 Ratified R 460
03/28/88 Signed By Governor
03/28/88 Effective date 03/28/88
03/28/88 Act No. 422
04/05/88 Copies available
(A422, R460, H2161)
AN ACT TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE APPOINTMENT BY THE GOVERNOR OF THE BOARD OF REGISTRATION IN EACH COUNTY,
SO AS TO REQUIRE THE GOVERNOR TO NOTIFY THE STATE ELECTION COMMISSION IN WRITING
OF THE APPOINTMENTS; SECTION 7-13-35, RELATING TO THE REQUIREMENT THAT THE
ELECTION COMMISSION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE
COUNTY, SO AS TO CHANGE THE REFERENCE FROM ELECTION COMMISSION TO AUTHORITY
CHARGED BY LAW WITH CONDUCTING AN ELECTION AND INCLUDE REFERENCES TO PRIMARY AND
MUNICIPAL ELECTIONS, AND REQUIRE NOTIFICATION OF THE DATE, TIME, AND LOCATION OF
THE HEARING ON CHALLENGED BALLOTS, LIST OF PRECINCTS INVOLVED IN THE ELECTION,
AND THE LOCATION OF POLLING PLACES IN EACH OF THE PRECINCTS, AND DELETE LANGUAGE
EXEMPTING THE PROVISIONS OF THIS SECTION FROM EXTENDING TO ANY SPECIAL ELECTION
HELD TO FILL A VACANCY CREATED BY DEATH, RESIGNATION, OR REMOVAL FROM OFFICE;
SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH
COUNTY, SO AS TO REQUIRE THE GOVERNOR TO NOTIFY THE STATE ELECTION COMMISSION IN
WRITING OF THE APPOINTMENTS, TO REQUIRE THE APPOINTMENT OF MANAGERS OF ELECTION
ONLY FOR THE GENERAL ELECTION HELD ON THE FIRST TUESDAY FOLLOWING THE FIRST
MONDAY IN NOVEMBER IN EACH EVEN-NUMBERED YEAR, AND TO ADD A PROVISION REQUIRING
THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE PRIMARIES, SPECIAL, OR MUNICIPAL
ELECTIONS, TO APPOINT THREE MANAGERS OF ELECTION FOR THE FIRST FIVE HUNDRED
ELECTORS REGISTERED TO VOTE IN EACH PRECINCT; SECTION 7-13-90, RELATING TO THE
MEETING OF THE COUNTY COMMITTEE, SO AS TO DELETE LANGUAGE APPOINTING A CLERK FOR
EACH VOTING PLACE, AND MANAGERS FOR ANY POLLING PLACE IN WHICH FIVE HUNDRED OR
MORE REGISTERED ELECTORS ARE ENTITLED TO VOTE; SECTION 7-15-110, RELATING TO
PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO CHANGE A REFERENCE IN THE
QUALIFICATION TO VOTE OF ALLOWING A CITIZEN OF THE UNITED STATES RESIDING OUTSIDE
THE UNITED STATES FROM THE FEDERAL OVERSEAS CITIZENS VOTING RIGHTS ACT OF 1975
(PUBLIC LAW 94-203) TO THE UNIFORMED AND OVERSEAS ABSENTEE VOTING ACT (PUBLIC LAW
9-410); AND SECTION 7-15-330, RELATING TO THE TIME OF SUBMITTING APPLICATIONS FOR
ABSENTEE BALLOTS, SO AS TO AUTHORIZE THAT A REQUEST FOR AN APPLICATION TO VOTE
BY ABSENTEE BALLOT MAY BE MADE ANY TIME DURING THE CALENDAR YEAR IN WHICH THE
ELECTION IN WHICH THE QUALIFIED ELECTORS DESIRE TO VOTE BY ABSENTEE BALLOT IS
BEING HELD RATHER THAN SIXTY DAYS PRIOR TO THE ELECTION IN WHICH THE QUALIFIED
ELECTORS DESIRE TO VOTE BY ABSENTEE BALLOT.
Be it enacted by the General Assembly of the State of South Carolina:
Governor to appoint board of registration
SECTION 1. Section 7-5-10 of the 1976 Code is amended to read:
"Section 7-5-10. Between the first day of January and the fifteenth day
of March in every even-numbered year the Governor shall appoint, by and with the
advice and consent of the Senate, not less than three nor more than five
competent and discreet persons in each county, who are qualified electors of that
county and who must be known as the board of registration of County.
The Governor shall notify the State Election Commission in writing of the
appointments. The members appointed are subject to removal by the Governor for
incapacity, misconduct, or neglect of duty."
Notices to be published
SECTION 2. Section 7-13-35 of the 1976 Code is amended to read:
"Section 7-13-35. The Authority charged by law with conducting an
election shall publish two notices of general, special, and primary elections
held in the county or municipality in a newspaper of general circulation in the
county or municipality. Included in each notice must be a reminder of the last
day persons may register to be eligible to vote in the election for which notice
is given, notification of the date, time, and location of the hearing on ballots
challenged in the election, a list of the precincts involved in the election, and
the location of the polling places in each of the precincts. The first notice
shall appear not later than sixty days prior to the election and the second
notice shall appear not later than two weeks after the first notice."
Governor to appoint board of registration
SECTION 3. Section 7-13-70 of the 1976 Code is amended to read:
"Section 7-13-70. For the purpose of carrying on general or special
elections provided for in Section 7-13-10 the Governor shall, at least ninety
days prior to any such election, appoint for each county not less than three nor
more than five commissioners of election upon the recommendation of the Senator
and at least half of the members of the House of Representatives from the
respective counties. The Governor shall notify the State Election Commission in
writing of the appointments. The commissioners shall continue in office until
their successors are appointed and qualified. For the general election held on
the first Tuesday following the first Monday in November in each even-numbered
year, the commissioners of election shall appoint three managers of election for
each polling place in the county for which they must respectively be appointed
for each five hundred electors, or portion of each five hundred electors,
registered to vote at the polling place and none of the officers may be removed
from office except for incompetence or misconduct. For primaries, special, or
municipal elections, the authority charged by law with conducting the primaries,
special, or municipal elections shall appoint three managers of election for the
first five hundred electors registered to vote in each precinct in the county,
municipality, or other election district and one additional manager for each five
hundred electors registered to vote in the precinct above the first five hundred
electors. After their appointment the commissioners and managers shall take and
subscribe, before any officer authorized to administer oaths, the following oath
of office prescribed by Section 26 of Article III of the Constitution:
'I do solemnly swear (or affirm) that I am duly qualified, according to the
Constitution of this State, to exercise the duties of the office to which I have
been appointed, and that I will, to the best of my ability, discharge the duties
thereof, and preserve, protect and defend the Constitution of this State and of
the United States. So help me God.'
and it must be immediately filed in the office of the clerk of court of common
pleas of the county in which the commissioners and managers are appointed, or,
if there is no clerk, in the office of the Secretary of State. Before opening
the polls, the managers of election shall take and subscribe the oath provided
for in Section 7-13-100. Upon the completion of the canvassing of votes, this
oath must be filed with the commissioners of election along with the ballots from
that election precinct."
County committee to meet
SECTION 4. Section 7-13-90 of the 1976 Code is amended to read:
"Section 7-13-90. The county committee shall meet on or before the second
Monday in May of each general election year and appoint the managers for the
primaries. Managers must be appointed pursuant to Section 7-13-70."
Qualifications
SECTION 5. Section 7-15-110(9)(b) of the 1976 Code is amended to read:
"(b) If he could have met all qualifications to vote in federal elections
in South Carolina even though while residing outside the United States he does
not have a place of abode or other address in South Carolina; even if his intent
to return to South Carolina may be uncertain, as long as he has complied with all
applicable South Carolina qualifications and requirements which are consistent
with the Uniformed And Overseas Absentee Voting Act (Public Law 99-410)."
Absentee ballot
SECTION 6. Section 7-15-330 of the 1976 Code is amended to read:
"Section 7-15-330. To vote by absentee ballot, any qualified elector or
a member of his immediate family, must request an application to vote by absentee
ballot in person, by telephone, or by mail from the county registration board for
the county of the voter's residence. A person requesting an application for a
qualified elector as the qualified elector's authorized representative must
request an application to vote by absentee ballot in person or by mail only and
must himself be a registered voter and must sign an oath to the effect that he
fits the statutory definition of a representative. This signed oath must be kept
on file with the board of registration until the end of the calendar year or
until all contests concerning a particular election have been finally determined,
whichever is later. A candidate or a member of a candidate's paid campaign staff,
including volunteers reimbursed for time expended on campaign activity, is not
allowed to request applications for absentee voting for any person designated in
this section unless the person is a member of the immediate family. A request for
an application to vote by absentee ballot may be made anytime during the calendar
year in which the election in which the qualified elector desires to be permitted
to vote by absentee ballot is being held. However, completed applications must
be returned to the county registration board in person or by mail before 5:00
p.m. on the fourth day before the day of the election. Applications must be
accepted by the county board of registration until 5:00 p.m. on the day
immediately preceding the election for those who appear in person and are
qualified to vote absentee pursuant to Section 7-15-320. The board of
registration shall serially number each absentee ballot application form and keep
a record book in which must be recorded the number of the form, the name, home
address, and absentee mailing address of the person for whom the absentee ballot
application form is requested; the name, address, voter registration number, and
relationship of the person requesting the form, if other than the applicant; the
date upon which the form is requested; and the date upon which the form is
issued. This information must become a public record at 9:00 a.m. on the day
immediately preceding the election. Any person who violates the provisions of
this section is subject to the penalties provided in Section 7-25-170."
Time effective
SECTION 7. This act takes effect upon approval by the Governor. |